alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Earl DAVIS, Appellant, v. Dick DAVIS, Appellee.

No. 15925.

Court of Civil Appeals of Texas. Fort Worth.

une 13, 1958.

*867M. Hendricks Brown and Walter E. Jordan, Fort Worth, for appellant.

Jennings & Montgomery, and Elton M. Montgomery, Graham, for appellee.

RENFRO, Justice.

This is a venue case. Plaintiff Dick Davis sued defendant Earl Davis in Jack County for damages growing out of a collision between plaintiff’s pickup truck and defendant’s automobile. Defendant’s plea of privilege to be sued in Tarrant County was overruled.

Defendant contends there was no evidence, or insufficient evidence, of probative force to show negligence and proximate cause on the part of defendant.

Plaintiff pleaded, among other alleged acts of negligence, that defendant was driving at a rate of speed too fast for the time and place and under the circumstances then and there existing.

Plaintiff testified that on the occasion in question he was traveling east on State Highway 199. In the town or community center of Jermyn, Jack County, he turned left to go to the Jermyn postoffice, which was located to the north of the highway. Before making his left turn he looked east, west, then east again. He did not see defendant’s car approaching from the east. The highway was straight and level. At the time of the impact the front wheels of his pickup were off the highway and “probably the back wheels.” It was a foggy day with visability limited from 300 to 400 feet. The highway was wet and slick from earlier rain. The accident occurred between 4:00 and 4:30 P.M. Defendant told plaintiff he did not see plaintiff prior to the collision.

The witness Mrs. Asberry heard defendant tell a highway patrolman, shortly after the collision, that he was driving 60 miles per hour at the time of the collision.

Defendant did not testify.

Findings of fact were not requested or filed.

Where no findings of fact are filed in a case tried without a jury, we must view the evidence in the light most favorable to the judgment of the trial court. 3-B Tex.Jur. 388.

 In passing on the sufficiency of the proof in a venue case, the rule is that if, discarding all adverse evidence and giving credit to all the evidence that is favorable to the successful party, and indulging every reasonable conclusion that is favorable to him, a trier of facts might have found in his favor, then it is to be concluded that there is evidence to support the finding. Banks v. Collins, 152 Tex. 265, 257 S.W.2d 97. Applying the foregoing rules, we think the evidence that defendant was driving in the town of Jermyn at 60 miles per hour on a slick highway, with fog limiting his vision from 300 to 400 feet, is sufficient to uphold the trial court’s implied finding that defendant’s speed, under the existing conditions at said time and place, was negligence and a proximate cause of the collision.

Judgment affirmed.
EXHIBIT 32.1
                           CERTIFICATION PURSUANT TO

                            18 U.S.C. SECTION 1350,

                            AS ADOPTED PURSUANT TO

                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Annual  Report  of  ValCom, Inc. (the "Company") on Form
10-KSB/A-2 for the year ended September 30,  2006  as filed with the Securities
and  Exchange  Commission  on  the  date  hereof  (the  "Report"),  I,  Vincent
Vellardita, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley  Act  of 2002,
that:

(1) The Report fully complies with the requirements  of  section 13(a) or 15(d)
of the Securities and Exchange Act of 1934; and

(2) The information contained in the Report fairly presents,  in  all  material
respects, the financial condition and result of operations of the Company.

A signed original of this written statement required by Section  906  has  been
provided to ValCom, Inc. and will be retained by ValCom, Inc. and furnished  to
the Securities and Exchange Commission or its staff upon request.

September 18, 2008


By: /s/  Vince Vellardita
    ----------------------
    Vince Vellardita
    Chief Executive Officer,
    Chief Financial Officer
   (Principal Executive Officer)
EXHIBIT 32

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of YFC 355 Corp. (the "Company") on Form 10-QSB for the period ended March31, 2005, as filed with the Securities and Exchange Commission on the datehereof (the "Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.    The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.    The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

/s/ Anthony N.DeMint                    

Anthony N. DeMint

President and

Chief AccountingOfficer

 

May 20, 2005
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EXHIBIT 4.8    
    


The Coca-Cola Company
  COCA-COLA PLAZA

ATLANTA, GEORGIA 


May 1,
2004 



	 	 	 	 	ADDRESS REPLY TO

P.O. ****

ATLANTA, GA 30301

404 676-2121





Coca-Cola
Beverages Ceská Republika spol.s.r.o.

Ceskobrodská 23

19800 Prague 9

Kyje

Czech Republic 


Gentlemen:



        Reference
is made to the Bottler's Agreement entered into among you, The Coca-Cola Company and The Coca-Cola Export Corporation effective July 13, 1998
(hereinafter referred to as the "Bottler's Agreement"). 


        It
is acknowledged that as of May 1, 2004 some of the provisions of the Bottler's Agreement are not in compliance with the EC rules of competition. 



        Pending
replacement of the Bottler's Agreement with a new standard form of bottler agreements for the European Union we hereby waive any provision in the Bottler's Agreement which is not
in compliance with the aforementioned rules. 


        In
all other respects, the provisions of the Bottler's Agreement shall remain in full force and effect. 



	 	 	Sincerely,
	

 	
 	

 	

 
	

 	
 	

THE COCA-COLA COMPANY
	

 	
 	

By:	

    
 Vice President
	

 	
 	

THE COCA-COLA EXPORT CORPORATION
	

 	
 	

By:	

    
 Vice President













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EXHIBIT 4.8
| (1)    | the      Report fully complies with the requirements of Section 13(a) or Section      15(d) of the Securities Exchange Act of 1934; and                             |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                            |
| (2)    | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |

| /s/ Dean      Antonis                                            |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dean      Antonis                                                                                                                                                                                                                                                                       |
| Treasurer      and Principal Financial and Accounting Officer                                                                                                                                                                                                                           |
| Date:  April 8,      2008                                                                                                                                                                                                                                                |
##### 



EXHIBIT 99.2

AT ROAD, INC.

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of At Road, Inc. (the Company) on
Form 10-Q for the quarter ended March 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Thomas C. Hoster,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:



| | (1) |  | The Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities
Exchange Act of 1934; and                               
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in
all material respects, the
financial condition and results of operations of the Company.

/s/ Thomas C. Hoster
Thomas C. Hoster
Chief Financial Officer
May 14, 2003
**EXHIBIT 24.5**

**POWER OF ATTORNEY**

**(Annual Report on Form 10-K)**

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris, Paul Oldham and Kerry Mustoe, and eachof them, his or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended March 28, 2009 and any andall amendments thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that said attorneys and agentsand each of them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred. 

Dated: May 14, 2009.
EXHIBIT 31.1

                                 CERTIFICATIONS

I,  Brain  Bonar,  certify  that:

     1.  I  have reviewed this annual report on Form 10-KSB of Dalrada Financial
Corporation  (the  "Company");

     2. Based on my knowledge, this report does not contain any untrue statement
of  a  material  fact  or  omit  to  state a material fact necessary to make the
statements  made,  in  light  of  circumstances under which such statements were
made,  not  misleading  with  respect  to the period covered by this report; and

     3.  Based  on  my  knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial  condition, results of operations and cash flows of the Company as of,
and  for,  the  periods  presented  in  this  report.

     4.  The  Company's  other  certifying  officers  and  I are responsible for
establishing  and  maintaining disclosure controls and procedures (as defined in
Exchange  Act  Rules  13a-14  and  15d-14)  for  the  Company  and  have:

          a)  designed  such  disclosure controls and procedures, or caused such
disclosure  controls  and  procedures  to  be designed under our supervision, to
ensure  that  material  information  relating  to  the  Company,  including  its
consolidated  subsidiaries, is made known to us by others within those entities,
particularly  during  the  period in which this annual report is being prepared;

          b)  evaluated  the  effectiveness of the Company's disclosure controls
and  procedures  and  presented  in  this  report  our  conclusions  about  the
effectiveness  of  the  disclosure controls and procedures, as of the end of the
period  covered  by  this  report  based  on  such  evaluation;  and

          c)  disclosed  in  this  report  any  change in the Company's internal
control  over financial reporting that occurred during the Company's most recent
fiscal  quarter  that  has  materially  affected,  or  is  reasonably  likely to
materially  affect,  the  Company's  internal  control over financial reporting;

     5.  The  Company's other certifying officers and I have disclosed, based on
our  most recent evaluation of internal control over financial reporting, to the
Company's  auditors  and the audit committee of Company's board of directors (or
persons  performing  the  equivalent  functions);

          a) all significant deficiencies in the design or operation of internal
controls  which could adversely affect the Company's ability to record, process,
summarize  and  report  financial  data  and  have  identified for the Company's
auditors  any  material  weaknesses  in  internal  controls;  and

          b)  any  fraud,  whether  or not material, that involves management or
other  employees  who have a significant role in the Company's internal controls
over  financial  reporting.

Date:  October  13,  2004

/s/  Brian  Bonar

Brian  Bonar
Chief  Executive  Officer
#### Thomas KILPATRICK, Appellant, v. STATE of Texas, Appellee.

No. 30798.

Court of Criminal Appeals of Texas.

June 10, 1959.

*872No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is burglary, with a prior conviction for the same offense alleged for enhancement; the punishment, 12 years.

Lee Yuen, the proprietor of an East Sixth Street cafe in Austin, testified that on the night in question he closed and locked his place of business and that the following morning when he arrived at 5:00 a. m. he discovered that the glass in the front door had been broken, that a six pack of Jax beer as well as all his Tampa and John Ruskin cigars were missing.

George McLemore testified that he was sleeping in a pool hall adjacent to Yuen’s cafe on the night in question and at approximately 1:00 a. m. he heard some glass break, that he went to the front and saw the appellant pass, that he went around the back, approached the cafe from another direction, and saw the appellant inside the cafe putting cigars in his pocket and beer in a paper sack. He stated that he then went in search of a telephone to call the police and later saw the appellant come out of the front door of the cafe with a package under his arm and walk down the street wiping his left arm with a handkerchief.

Appellant was arrested on East Second Street shortly after McLemore reported the burglary, and he had a fresh cut on his ■left wrist. A search of the appellant’s quarters on East Second Street revealed a bloody shirt, a six pack of Jax beer, and a box containing John Ruskin and Tampa cigars. Appellant was carried back to the scene of the burglary and was identified by McLemore, who noted that he had changed his shirt since the burglary.

Appellant did not testify but called his employer, who stated that his employees often got scratches which bled in the course of their work.

The prior conviction was established, and the appellant identified as being the person who had plead guilty to the prior case.

There are no formal bills of exception, and no brief has been filed.

We find the evidence sufficient to support the conviction, and, no reversible error appearing, the judgment of the trial court is affirmed.
U.S. DEPARTMENT OF TRANSPORTATION
__ . . . .

## ·E. 

# 0 OFFICE OF HEARINGS · ··.. ·· · ' · ' ' FEDERAL AVIATION ADMINISTRATION 

# RECE1V

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. SOUTHER.N AIR SERVICES, Respondent. 

# OEC t 

# 2201! HEARING DOCKET

Docket No. FAA-2012-0477 FAA Case No. 2011 GL030070
Judge Sullivan
NOTICE OF APPEARANCE The Federal Aviation Administration (FAA) hereby provides notice to the Judge and opposing counsel that going forward the undersigned will be representing the FAA inthis matter. Christopher Stevenson Office ofthe Regional Counsel P.O. Box 20636 Atlanta, GA 30320 · ' ·· facsimile: (404) 305-5223 (404) 305-5200 chris.stevenson@faa.gov Respectfully submittedthis

# 6~y ofDecember, 2012.

Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certify that the foregoing Notice ofAppearance was sent: original and one copy via certified mail to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building

- Suite 2W1000
one copy via facsimile and certified mail to: The Honorable J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, SE (Ell-310) Washington, DC 20590 facsimile: (202) 366-7536
one copy via certified mail and facsimile to: Stuart A. Goldstein, P

### .A 9350 South Dixie Highway, 1oth Floor Miami, FL 33156 Facsimile: (305) 670-7065

# ~ J!J<AM 

# 6.

# ·~ 1J TIFFANY MCDO LL Legal Assistant Office ofthe Regional Counsel
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-15-00410-CR

James Cody Jarvis

v.

The State of Texas

§

§

§

§

§

From Criminal District Court No. 2

of Tarrant County (1292950)

February 25, 2016

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

the appeal should be dismissed. It is ordered that the appeal is dismissed for 

want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
##### 



EXHIBIT 32.1

AT ROAD, INC.

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of At Road, Inc. (the Company) on
Form 10-Q for the quarter ended June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Krish Panu, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                               
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (2) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|                        | 
|----------------------- | 
|/s/ Krish Panu         
|Krish Panu             
|Chief Executive Officer
|August 8, 2003
<PAGE>
                                                                    Exhibit 99.2

                               WRITTEN STATEMENT
                                  PURSUANT TO
                             18 U.S.C. SECTION 1350


     The undersigned, Thomas S. Liston, the Chief Financial Officer, of eFunds
Corporation (the "Company"), pursuant to 18 U.S.C. Section 1350, hereby
certifies to the best of his knowledge that:

          (i)  the Form 10-Q for the quarter ended June 30, 2002 of the Company
     (the "Report") fully complies with the requirements of section 13(a) and
     15(d) of the Securities Exchange Act of 1934; and

          (ii) the information contained in the Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.


Dated: August 14, 2002


                                           /s/ Thomas S. Liston
                                           ---------------------------------
                                           Thomas S. Liston
Exhibit 32.1

CERTIFICATION

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange
Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Michael M. Wick, M.D., Ph.D., the Chairman and Chief Executive Officer of Telik, Inc.
(the Company), and Cynthia M. Butitta, the Chief Operating Officer and Chief Financial Officer of the Company, each hereby certifies that, his or her knowledge:

1.The Companys Quarterly Report on Form 10-Q for the period ended March 31, 2007, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with the
requirements of Section 13(a) or Section 15(d) of the Exchange Act; and

2.The information contained in the Periodic Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.

In Witness Whereof, the
undersigned have set their hands hereto as of the 3rd day of May, 2007.



|                                     |  |  |  |                                                     |  | 
|------------------------------------ |  |  |  | --------------------------------------------------- |  | 
|/s/ MICHAEL M. WICK                  |  |  |  | /s/ CYNTHIA M. BUTITTA                              |  | 
|Michael M. Wick, M.D., Ph.D.         |  |  |  | Cynthia M. Butitta                                  |  | 
|Chairman and Chief Executive Officer |  |  |  | Chief Operating Officer and Chief Financial Officer |  | 

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of Telik, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q),
irrespective of any general incorporation language contained in such filing.
Exhibit 32.1



Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, filed herewith.



Armstrong Holdings, Inc. and

Armstrong World Industries, Inc.

(the
Companies)



Written Statement by Chief
Executive Officer

Pursuant to Section 906 of Sarbanes-Oxley Act of 2002



I certify to the best of my knowledge and belief that the Companies Form 10-Q periodic
report containing their respective financial statements for the fiscal quarter ended March 31, 2005 fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, and that information contained in that report fairly
presents, in all material respects, the financial condition and results of operations of the Companies as of that date.



|                                                                                                             
|-------------------------------------------------------------------------------------------------------------
|                                                                                                             
|/s/    MICHAEL D.
LOCKHART                                                                                   
|Michael D. Lockhart                                                                                          
|Chairman, President and Chief Executive Officer Armstrong Holdings, Inc. and Armstrong World Industries,
Inc.



Dated: April 28, 2005



A signed original of this written statement required by Section 906 has been provided to the
Companies and will be retained by the Companies and furnished to the Securities and Exchange Commission or its staff upon request.